Terms of Use

General

PLEASE READ THESE GENERAL TERMS OF USE CAREFULLY BEFORE USING THE NEURODIEM SERVICE ("NEURODIEM" or the “SERVICE”). The Service includes our websites, newsletters, mobile applications and other reference tools. Additional Local Terms of Use applicable to users of Neurodiem.com in the United States may be applicable, as provided in Annex 1 to these General Terms of Use I. PLEASE ALSO READ THESE LOCAL TERMS OF USE CAREFULLY BEFORE USING NEURODIEM. All references herein to “TERMS” includes both these General Terms of Use and the Local Terms of Use in Annex 1. In the event of an inconsistency between the General Terms of Use and the Local Terms of Use, the latter will prevail.

YOU AGREE TO ALL OF THESE TERMS WHEN COMPLETING YOUR REGISTRATION. IF YOU DO NOT AGREE TO ALL OR PART OF THESE TERMS, THEN PLEASE DO NOT ACCESS NEURODIEM.

These Terms constitute an agreement between Biogen MA Inc. (“Biogen” or “we” or “us”) and you. We recommend that you print out a copy of these Terms for your records.

Changes to Terms. Biogen may modify Neurodiem, these Terms or other rules governing its operation and/or use, at any time. Modifications of these Terms will be posted within Neurodiem and you will be provided with a copy of the modified Terms. By continuing to use Neurodiem after such changes are posted and notified, you agree to accept them. All changes are applicable as soon as they are published.

Use of Neurodiem is limited to licensed healthcare professionals. By using Neurodiem, you represent and warrant that you are a healthcare professional, have the right, authority, and capacity to agree to and abide by these Terms and that you are not debarred or subject to any debarment process or allegations that could lead to debarment and thereby that would prevent you from being eligible to use Neurodiem.

PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

Scope of use

Neurodiem is a multi-lingual, international, multi-site portal for neurosciences healthcare professionals. Our goal is to provide educational, unbiased and scientifically validated information to enable healthcare professionals to stay up to date in their medical and scientific knowledge.

The content of Neurodiem is selected, written and published exclusively by independent third parties. This content may be:

  • i. Original Content: articles and videos developed by independent third parties for Neurodiem;
  • ii. Licensed Content: articles written by peers from leading scientific publications.

Biogen will in no case intervene in the selection or creation of content published on Neurodiem.

Neurodiem is the property of Biogen. Neurodiem is made available to you for personal and professional use only. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable and non-sublicensable license to use and to access the information and materials available on Neurodiem. Except as otherwise provided in these Terms or on the website, you may not copy, distribute, publish, transmit, modify, create derivative works of or otherwise exploit any part (including without limitation content) of Neurodiem. You are prohibited from: reproducing (by printing or electronically), altering or removing the copyrights or disclaimers, carrying out data mining without the prior consent of the publisher and using the licensed articles for commercial purposes. You accept that Biogen may terminate, change or restrict your right to use this service for any reason without notice. Rights not expressly granted in these Terms are reserved to Biogen. Notwithstanding the foregoing, you may print, save or make one hardcopy or and one electronic copy for your personal use only.

NEURODIEM IS NOT INTENDED TO PROVIDE MEDICAL ADVICE OR PROMOTE BIOGEN'S MEDICINAL PRODUCTS. NEURODIEM DOES NOT RECOMMEND ANY SPECIFIC PRODUCTS OR SERVICES. The content available on Neurodiem is intended as an informational resource on the following 18 neurology practice areas: Cephalea, Cognition, Dementia, Epilepsy, Functional Rehabilitation, Genetics, Imaging, Movement disorders, Multiple Sclerosis, Neuromuscular, Neuro-oncology, Neuro-ophthalmology, Neuropaediatrics, Neuro-resuscitation, Neurosurgery, Neuro-vascular, Pain and Sleep. You are encouraged to compare the information with other sources. You are solely responsible for your independent analysis and use of the data provided on Neurodiem. The information provided on Neurodiem is provided as is without any express or implicit warranty. Neurodiem does not provide any professional advice and is not intended to do so. Notably, Neurodiem does not make any recommendations for medical treatment.

Neurodiem content may contain links to third-party websites and resources which are not part of Neurodiem. Biogen cannot be held liable for such third-party websites and resources. This disclaimer includes but is not limited to the access, content and information that they provide. The presence of references or links to external sources which can be found on Neurodiem does not imply that Biogen endorses the content thereof.

Users and accounts

Neurodiem is intended for use by healthcare professionals. By accessing, using and/or submitting information to or through Neurodiem, you represent that you are a healthcare professional. Neurodiem is not intended for and not accessible by patients or individuals who are not healthcare professionals in any manner.

Access to Neurodiem is subject to a validation process, a registration process and a login/authentication process. You will need to create and register an account to be authorized to use Neurodiem. In creating an account, you agree to:

  • create only one account;
  • provide complete, accurate and current information regarding yourself;
  • keep your information updated and accurate;
  • keep your account password private and not share it with others and/or with patients; and
  • notify Biogen if you discover or suspect that your account has been hacked or its security breached.

The account is personal to you and cannot be assigned or transferred to any other individual. You also agree to take responsibility for all activities linked to your account and you accept all risks for any unauthorized use of your account.

You are responsible for the equipment and services required to access and use Neurodiem. We do not guarantee that Neurodiem is accessible on any equipment, device or operating system.

We reserve the right, without notice and in our sole discretion at any time, to terminate your right to use Neurodiem or any function of Neurodiem and to block or prevent future access to and use of Neurodiem. We also reserve the right to delete your account and any related information. Any obligation or liability incurred prior to termination of your access to Neurodiem will be maintained after this termination.

Privacy policy

The Biogen Privacy Policy, located at www.neurodiem.com/page/privacy, provides information about the collection, use and transfer of information about users of Neurodiem. By accessing and using Neurodiem, you acknowledge that you have been informed about the data processing policy and operations of Neurodiem.

Use of the content

You may use Neurodiem for lawful purposes and in accordance with all applicable laws and regulations and in accordance with these Terms. You may not use Neurodiem:

  • for purposes that are unlawful or prohibited by these Terms;
  • for purposes causing harm or damage to any person or entity;
  • for purposes that hamper its proper operation;
  • to post, publish or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, denigrating, abusive, obscene or otherwise reprehensible material (as determined by Biogen in its sole discretion); or
  • to promote any medicinal product, developed by Biogen or any other pharmaceutical company.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BIOGEN AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, OTHER REPRESENTATIVES, LICENSORS, AND SUPPLIERS, FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF NEURODIEM IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAWS AND REGULATIONS OR THESE TERMS.

Access to Neurodiem

You acknowledge and agree that Neurodiem, or certain features of Neurodiem, may change from time to time without notice to you. Any new feature that augments, enhances or modifies the current version of Neurodiem is subject to these Terms.

You acknowledge and agree that we may decline to provide access to Neurodiem or stop (permanently or temporarily) providing Neurodiem (or any feature, program or content within Neurodiem) to you or other users at our sole discretion, without notice or liability to you. You may stop using any part of Neurodiem at any time. You do not need to inform us when you stop using Neurodiem.

You acknowledge and agree that if we disable access to your account, you may be prevented from accessing Neurodiem, your account details, or any files or other content which are contained in your account.

We reserve the right to:

  • investigate your use of Neurodiem to ensure compliance with any law, regulation, government request or judicial process;
  • remove any content provided by users which we believe does not comply with these applicable laws, regulations or these Terms;
  • terminate your access to Neurodiem upon our determination that you have violated these Terms.

Disclaimer

Except as expressly otherwise stated, Biogen does not make any warranty, express or implied, as to accuracy, reliability or availability of Neurodiem. Without limiting the generality of the preceding sentence, Biogen assumes no responsibility TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE, AND ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, with respect to all materials available on Neurodiem. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

Biogen does not guarantee that the functions contained in Neurodiem will be secure, uninterrupted or error-free, that Neurodiem will be free of viruses, other harmful components or that defects will be corrected even if Biogen is informed about them.

Although the content of Neurodiem is updated periodically, Biogen cannot be held liable for any failure to update such information. Biogen does not assume any responsibility concerning the accuracy, completeness, reliability or usefulness of the information available on Neurodiem. It is your responsibility to verify the information contained on Neurodiem.

To the fullest extent allowed by applicable law, Biogen is not liable for any direct, indirect, special, incidental, consequential, punitive or other damages arising from your use of Neurodiem or any materials available on Neurodiem.

In no event will Biogen’s and its parent's or affiliates' total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amount paid by you, if any, for accessing Neurodiem. You agree to bring all actions within one (1) year from the date of the accrual of the cause of action and that actions brought after this date will be barred.

Copyright and trademarks

Unless otherwise noted, the materials published on Neurodiem are protected as the copyrights or any other intellectual property rights owned by Biogen and/or its subsidiaries and affiliates or by other parties that have licensed their material to Biogen. Except as provided in these Terms, Neurodiem content cannot be construed as granting a license or other rights under any patent, trademark, copyright or any other intellectual property right of Biogen or any third party. Unauthorized use of Biogen’s registered trademarks, service marks or logos may be a violation of federal, state or foreign trademark laws.

You may not remove or infringe any copyright, trademark or other proprietary right notice mentioned on Neurodiem. All rights not expressly granted are reserved.

Feedback and submissions

If you submit ideas or material to us through Neurodiem, such communication or material that you transmit to or through the website, including data, comments, questions, suggestions, ideas, concepts, know-how, techniques, or other information of any kind and in any medium, shall become the property of Biogen. Biogen shall be free to use, disclose, reproduce, or distribute any such communications, materials or information without limitation. As a condition to submitting any communications or materials, you hereby grant Biogen a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of and distribute such communications and materials. As a condition to submitting any communications or materials, you represent and warrant to Biogen that you have the right to make such communications, materials or information available under the foregoing license. Biogen reserves the right to decline posting of any communications, materials or information that, in its sole discretion, it believes may violate the copyrights of any party.

Governing law

These Terms are to be construed, governed and interpreted in accordance with the laws of the Commonwealth of Massachusetts, United States of America, without reference to its choice of law rules.

General provisions

No delay or failure on the part of Biogen to enforce any part of these Terms will constitute a waiver of any of its rights under these Terms whether for past or future actions of any person. Neither the receipt of any funds by Biogen nor the reliance of any person on Biogen' actions will be deemed to constitute a waiver of all or part of these Terms. Only a specific, written waiver signed by an authorized representative of Biogen will have any legal validity. If any part of these Terms is determined to be illegal, invalid or unenforceable under current or future law, such part will be deemed to be deleted without affecting the enforceability of all the rest of the Terms. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the rights granted hereunder may be assigned by Biogen but you may not assign them without the prior express written consent of Biogen. The headings and captions contained herein are for convenience only.

Violations

Biogen reserves the right to exercise its rights for violations of these Terms, and of the rules and regulations applicable to Neurodiem, including the right to block access from a device address to Neurodiem.

Questions

If you have any questions about these Terms, please contact the relevant individual listed in the Contact Us section.

ANNEX 1
LOCAL TERMS OF USE – UNITED STATES:

PLEASE READ THESE LOCAL TERMS OF USE CAREFULLY BEFORE USING NEURODIEM. YOU AGREE THAT THESE LOCAL TERMS OF USE ARE APPLICABLE TO YOU AS WELL AS THE GENERAL TERMS OF USE. BY USING NEURODIEM, YOU AGREE TO THESE LOCAL TERMS AND THE NEURODIEM PRIVACY NOTICE AND CONSENT. IF YOU DO NOT AGREE TO ANY OF THE TERMS, THEN PLEASE DO NOT USE NEURODIEM.

USERS AND ACCOUNTS

Access to Neurodiem is subject to a validation process including verifying your professional registration number (NPI number), a registration process and a login/authentication process. You will need to create and register an account to be authorized to use Neurodiem.

COMPLIANCE WITH LAW

Please note that Biogen may be required to report the value of Licensed Content provided on Neurodiem (e.g. licensed journal reprints) to (a) the Centers for Medicare and Medicaid Services (CMS) as required by the Federal Physician Payments Sunshine Act or (b) individual states as required by applicable laws and regulations of such states (all such Federal or State requirements, “Transparency Reporting Requirements”). For more information on the Sunshine Act, please visit http://cms.gov or e-mail sunshine@biogen.com. Original Content (e.g. conference highlights and expert talks) is not subject to the above Transparency Requirements and will not be reported.

As Neurodiem is intended only to for the educational benefit of individual, registered users, the number of Licensed Content downloads permitted in one calendar year is limited to 18 in total.

When you access and download Licensed Content that is subject to the above Transparency Requirements, you will be reminded of the Transparency Reporting Requirements and given the opportunity to confirm you would like to proceed with the download thereby triggering the Transparency Reporting Requirements for such content. You will also be informed of the number of Licensed Content downloads that you have remaining for the year. For example, you may see language such as the below when you download Licensed Content: “You are about to download Licensed Content that is subject to Transparency Reporting Requirements. After this download, you will have [-] downloads remaining for this calendar year. For more details, see the Neurodiem Terms of Use.”

These Terms of use were last revised on April 26th, 2019.